Statements

(1) For the purposes of section 35, a statement complies with this section if the conditions falling within sub-sections (2) to (4) are met. (2) The condition falling within this sub-section is that, before the committal proceedings begin, the prosecutor notifies the magistrates court and each of the other parties to the proceedings that he believes– (a) that the statement might by virtue of sections 83 and 105 of the Evidence Act (statements in certain documents) be admissible as evidence if the case came to trial; and (b) that the statement would not be admissible as evidence otherwise than by virtue of sections 83 and 105 of the Evidence Act, if the case came to (3) The condition falling within this sub-section is that– (a) the prosecutor’s belief is based on information available to him at the time he makes the notification; (b) he has reasonable grounds for his belief; and (c) he gives the reasons for his belief when he makes the notification. (4) The condition falling within this sub-section is that when the court or a party is notified as mentioned in sub-section (2) of this section, a copy of the statement is given, by or on behalf of the prosecutor, to the court or the party concerned. 37 (5) So much of any statement as is in writing and is admitted in evidence by virtue of this section shall, unless the court otherwise directs, be read aloud at the hearing and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.